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HomeMy WebLinkAboutHome Occupation Correspondence 1997-02-28C;ITY OF OREGO'V sPF FIELE, DEV ELOP MENT S ERVI CES DE PARTMENT Notice of Limited Land Use Decision - Home Occupation ,h,225 FIFTH STBEET SPRINGFIELD, OR 97477 (s41 ) 726-s753 FAX (541 ) 726-368s Date of Letter February 28,1997 AoolicanUOwner Journal Number 97-02 -26 William & Melissa Allen 327 N. 43rd Place Springfield, OR 97478 Nature of Request: A Home Occupation Permit to operate a real estate note buying office from a residence. No customer contact is proposed and standard office equipment will occupy one room of the residence. Decision: Approval, as conditioned in accordance with the attached furdings. Other Uses That May Be Authorized By The Decision: None. This decision authorizes a home occupation in accordance with the Springfield Development Code. All other uses of the property are subject to applicable state law, local ordinances and permit procedures. Site Information: The proposed site is located at, also described as Tax Lot on Assessor's Map l7-03- 34-13. The properfy is zoned and designated Low Density Residential. Edgemont Way is a local street, ending in a cul-de-sac, where off-street parking prevails. There is an existing residential structure with an attached garage, three off-street parking spaces and an accessory structure on the subject property. A sight obscuring fence encloses the west side and rear yard. Written Comments: Home Occupation Permit Applications require the notification of property owner/occupants within 300 feet of the properry allowing for a 14 day comment period prior to a staff decision. No written correspondence was received. Review Standards: The application shall be approved, approved with conditions or denied based on compliance with the standards and conditions of Section 16.100(6) of the Springfield Development Code. Staff shall develop findings demonstrating that the special siting standards have been met: 2 Section 16.100(6) -A home occupation is a lawful activity carried on within a dwelling by a member or members of the family who occupy the dwelling. A home occupation may be approved provided that: (a) The primary use of the building is a dwelling; A residential skucture occupied by the applicant is the primary use of the site. residential portion ofthe structure are proposed. No changes to the Finding: Stafffinds this standard is met because the primary use of the buitding is residential. (b) The occupation is a secondary use that does not significantly affect the residential character ofthe dwelling or neighborhood; and The proposed occupation will be conducted from one room of the residence, by a member of the family occupying the dwelling. Operation will not affect the residential character of the dwelling or neighborhood because no changes to the outward appearance ofthe residence are proposed, the hours of operation are limited, and off-street parking is provided at the site. Finding: Stafffinds the proposed occupation is a secondary use because it is conductedfrom limited space and no change to the residence is proposed, therefor there is no significant affect on the neighborhood. (c) Compliance with the following applicable conditions shall occur at all times: 2. There shall be no display which would indicate from the exterior that the building is being used for any purpose other a residential dwelling; No display inconsistent with residential use is proposed. One sign in accordance with the City of Springfield Sign Code ordinance 9-7-10(1) is permitted. For more information call Lisa Hopper at726-3j90. 3. There shall be no outdoor storage of materials visible from public property or adjacent private property; All storage will be within the residence and one accessory structure. No outdoor storage is proposed. 4. Mechanical equipment, except that which is compatible with residential purposes, shall be prohibited. Home office equipment (i.e. an additional phone line, fax, pc, modem, printer, copier, plotter, etc.) is not incompatible with residential purposes. 5. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the home occupation. No adverse affects will result from the proposed home occupation equipment at or beyond the property line 6. The home occupation shall not create hazardous traffic conditions or utilize on-street parking of nearby properties. Clients will not visit the residence. Paved off-street parking spaces are provided on private property for the residents. No hazardous traffic conditions will be created and no on-street parking of nearby properties will be utilized. I l. No residence shall be used as a headquarters or dispatch center where employees or subcontractors report to the residence to be dispatched elsewhere. There are no employees or subcontractors proposed to work from, or report to the residence for dispatch. The business proposed is operated by the resident/owner. Any employee traffic to the residence is a violation of this permit. ) 12. The applicant shall sign an agreement with the City acknowledging the conditions of subsection 16.100(6)(c) as well as additional conditions deemed necessary to achieve compliance. The applicant has signed an agreement consenting to abide by all criteria and conditions listed on the application at all times. Ultimate Finding of Fact: Stuffrtnds this home occupation in compliance with the provisions of Springfield Development Code Section I 6. I 00(6) because Subcriteria (a),(b), and(c) are met. Conclusion: Staff finds that all applicable standards of Springfield Development Code, Article 16. 100(6) have been addressed and the proposed home occupation can comply. The application is approved as of the date of this letter. Revocation procedures: Any home occupation which has been approved by staff shall be subject to revocation by staff if the home occupation is found to be in violation if the conditions under which the home occupation was approved. The revocation decision may be appealed to the Planning Commission in accordance with Article l5 of this Code. The revocation shall be sent to the applicant in writing. The home occupation shall cease within 30 days of the receipt of the revocation notice. The applicant will be subject to the revocation procedures listed above ifthe applicant fails to abide by the conditions listed in 16.100(6Xc). Additional Information: The application, all documents and evidence relied upon by the applicant and the applicable criteria are available for free inspection and copies will be made at a cost of $0.75 for the first page and $0.25 for each additional page at the Development Services Department, 225 5th Street, Springfield, Oregon. Appeal: If you wish to appeal this Type II Home Occupation Review decision, you must do so within l0 days of the mailingof this letter. The appeal must be in accordance with the Springfield Development Code, Article.l5, APPEALS. Appeals must be submitted on a City form and a fee of $250.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning Commission appeal application. /"/.1"';'<''" P DSD Planning Division cc: Building Division, Address File